Pressing the Assault IV case to dismissal – Marysville WA

Posted by
Brian
on March 6, 2011 | Comments Off on Pressing the Assault IV case to dismissal – Marysville WA

“I can’t prove this one – I’m going to dismiss.” No objection by me, that statement settles it. I thank the prosecutor and the weight of my client’s case is off my shoulders. Moments later, before the judge, the prosecutor so moves and the my client is free after paying a filing fee of just under $100.

This frequent experience demonstrates the need for aggressive defense representation. In every city in Washington State, the mandatory arrest law applies in domestic violence cases. That is, when the police respond to a domestic violence situation, and there is evidence of a crime, the police must determine the “primary aggressor” and take them into custody. Even in non-domestic cases, and occasionally simple arguments, the police are called and charges are pressed by the prosecutor.

The defense attorney’s job is to demonstrate to the government’s prosecutor that their case is weak, difficult to prove, and that better resolutions are more reasonable. One important way of doing this is investigating and knowing which witnesses will be available to testify about what and, just as importantly, what will be admissible in trial.